SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 5

INTRODUCED BY SENIOR ASSEMBLY MEMBER LUCERO

LEGISLATIVE COUNSEL’S DIGEST

AFP 5: PERSONAL INFORMATION: SALE.

UNDER EXISTING LAW, THE SALE OF PERSONAL FINANCIAL INFORMATION IS REGULATED BY A PROCEDURE THAT REQUIRES AN INDIVIDUAL TO “OPT-OUT” OF THE REGULATED SCHEME THAT PERMITS BUSINESS ENTITIES TO SELL OR OTHERWISE DISTRIBUTE THAT INDIVIDUAL’S FINANCIAL OR PERSONAL INFORMATION, AS SPECIFIED.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD REQUIRE A BUSINESS ENTITY TO OBTAIN EXPRESS WRITTEN PERMISSION FROM AN INDIVIDUAL WHO IS A SENIOR PRIOR TO THE BUSINESS SELLING THAT 1NDIVIDUAL’S FINANCIAL OR PERSONAL INFORMATION, AS SPECIFIED.

VOTE: MAJORITY.

AFP 5: RELATING TO PERSONAL INFORMATION

WHEREAS, GENERALLY, SENIORS NAVIGATING THROUGH THE HIGHLY TECHNICAL PAPERWORK THAT CORPORATIONS SEND OUT, FIND IT DIFFICULT AT BEST TO UNDERSTAND THE DOCUMENTS, AND THERE USUALLY ISN’T A HUMAN CONTACT FOR THE CORPORATION THAT IS SEEKING TO SELL THE PERSONAL INFORMATION OF THE SENIOR BECAUSE NEITHER NAMES NOR PHONE NUMBERS ARE GIVEN, AND

WHEREAS, LIFE CAN BE OVERWHELMING AT TIMES FOR SENIOR CITIZENS AND TO RECEIVE A NONIMPORTANT LOOKING LETTER FROM SOME RECORDS HANDLING CORPORATION AND, JUST BY THE LETTER OR MAILING APPEARANCE, A SENIOR WILL MANY TIMES DISCARD THE DOCUMENT; AND

WHEREAS, THE VERY ACT OF NOT RESPONDING TO THE LETTER YIELDS AN ANSWER OF SILENT APPROVAL, WHICH WAS NOT THE INTENT OF THE SENIOR CITIZEN; AND

WHEREAS, IDENTITY THEFT IS SO PREVALENT AND CITIZENS’ RECORDS ARE FREQUENTLY LOST BY MAJOR RECORD HOLDING AND TRANSFER CORPORATIONS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT ANY BUSINESS ENTITY THAT DESIRES TO SELL A SENIOR CITIZEN’S PERSONAL OR FINANCIAL INFORMATION TO OBTAIN IN WRITING EXPRESS PERMISSION FROM THE SENIOR CITIZEN TO DO SO AND THAT COPIES OF ALL RECORDS TRANSFERS OR SALES OF THE SENIOR CITIZEN’S INFORMATION BE FORWARDED TO THE SENIOR CITIZEN; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

RN2006222503

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